The Official Publication of the Power & Communication Contractors Association Accelerating the Federal Infrastructure Rollout Through Permitting Reform FCC Commissioner Carr Slams BEAD Program’s “Progress” LAC Plus TIRAP: The Perfect Way to Address Your Worker Shortage EEOC Releases Guidance for Preventing Harassment at Construction Worksites 3rd Quarter 2024 2024 PCCA Mid-Year: Big Program with a Cherry on Top Mid-Year Keynote Speaker Ben Whiting
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3rd Quarter 2024 Official Publication of the Power & Communication Contractors Association Publication Staff PO Box 638 Churchton, Maryland 20733 (800) 542-PCCA • www.pccaweb.org ©2024 Power & Communication Contractors Association Publisher Timothy Wagner Editor Michael Ancell Associate Editor Caroline Ferguson Advertising Sales Stacy Bowdring Photography Jorge de Casanova Information Technology Greg Smela Accounting James Wagner Layout & Design Joseph Wagner Considering Final Rules on Overtime Pay and Non-compete Clauses 15 By Greg Guidry Recent guidance from the U.S. Equal Employment Opportunity Commission offers best practices for employers in the construction industry to prevent and address harassment in the workplace. Given the fact that the construction industry is specifically targeted by the EEOC, it is highly recommended that PCCA members review their current policies, practices, and trainings on harassment and take steps to beef them up if necessary. PCCA Mid-Year Provides a Big Program with a Cherry on Top 18 More than 260 PCCA members, family, and friends traveled to the northwest corner of Michigan for the 2024 PCCA Mid-Year Meeting in July. They come for the content that matters so much to their businesses: workforce development, market outlooks for broadband and power construction, the status of federal funding, and engaging with colleagues from throughout the industry who share many of the same challenges. PCCA News 7 Inside Washington | By Zack Perconti & Jaime Steve 11 Power News 33 Broadband News 39 News Briefs 45 PCCA Member News 53 New PCCA Members 60 Industry Calendar 60 Advertiser Index 60 Last Word | By Timothy Wagner 61 Officer Directors Board of Directors Garrett Akin Brooks Construction Co., LLC Nick Anderson Anderson Underground, Inc. Bonnie Burnham Service Electric Company Ed Campbell Quanta Services, Inc. John Capodice Sterling Site Access Solutions Andy Christine Sellenriek Construction, Inc. Josh DeBruine Michels Corporation Tucker Dotson (Advisory) Ditch Witch John Fluharty (Advisory) Troy Construction Tom Fredericks American Polywater Corporation Robin Gilbertson J&R Underground, LLC Jerrod Henschel Mears Group, Inc. Jake Jeffords Vermeer Corporation Tommy Muse, Jr. Aubrey Silvey Enterprises, Inc. - Retired Sam Stephens Tjader & Highstrom Jason Tyler Brooks Construction Co., LLC Billy Vincent ElectriCom, Inc. Michael Whitebread J.J. Kane Auctioneers Chris Wozniak Intercon Construction, Inc. Chairman Matthew Gabrielse Gabe’s Construction Co., Inc Chairman-Elect Rob Pribyl MP Nexlevel, LLC. 1st Vice Chairman Craig Amerine Amerine Utilities Construction, Inc 2nd Vice Chairman Heath Sellenriek Sellenriek Construction Treasurer Chase Lapcinski Push, Inc. Secretary John Audi Mears Group, Inc. Photo courtesy of Jeff & Tammy Seidl, Elexco, Inc.
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PCCA Journal|3rd Quarter 2024 7 PCCA NEWS LAC Plus TIRAP: The Perfect Way to Address Your Worker Shortage At its recent Mid-Year Meeting, PCCA announced a new partnership with the Learning Alliance Corporation (LAC) to help PCCA contractors recruit and retain much-needed workers. LAC recruiters will work with PCCA contractors to find workers where they are needed. Once the candidates are recruited in a given geographical area, they are flown to the LAC training facility to complete the sixweek pre-apprenticeship. During those six weeks, PCCA members can interview the candidates and make employment offers contingent on completion of the training. LAC is focused on workforce development through innovative educational methods and grant initiatives. The company partners with businesses to offer no-cost workforce training and development, leveraging advanced technologies such as virtual reality, augmented reality, and blended learning. Military and Minority Friendly LAC began in 2004 as an alliance between businesses, colleges, and institutions to deliver diversity, equity, and inclusion to the workplace. The company evolved into a learning institution in 2018, providing educational opportunities, diplomas, and certifications in the telecommunications industry. LAC initiatives focus on allowing individuals to get trained, get certified, and obtain a career in a high-skill, high-wage occupation. LAC has been officially recognized as a Military Friendly School, which means they succeed in areas that matter most in helping veterans transition from the military to school and, ultimately, to satisfying careers in the civilian world. Using federal and state grants, LAC recruits and trains returning veterans and minority candidates at its facility in Tampa, Fla. The boot camp style preapprenticeship program designed for the telecommunications industry houses, feeds, and trains candidates during an intensive six-week program, at no cost to the candidate or the employer. Candidates are vetted for a clean driving record, clean background, ability to pass a drug test, physical limitations, and more. Students are in class for six 10-hour days per week and cannot arrive late or miss a day. Any student with tardiness issues, bad attitude, or the inability to perform physical tasks are removed from the program. Unlike direct recruits, these candidates tend to stick with you because they’ve already experienced hard work in conditions similar to what they will ultimately work in. Perfect Complement to TIRAP For five years, PCCA has partnered with the Wireless Infrastructure Association in the Telecommunication Industry Registered Apprenticeship Program (TIRAP). TIRAP is a competency-based apprenticeship program that leads to a national credential recognized by the U.S. Department of Labor (DOL). The program was designed by employers specifically for the telecommunications industry. PCCA members and staff were closely involved in creating DOL-recognized occupations for our members, including fiber technician, underground utility installer technician, overhead utility installer technician, broadband technician, telecommunications utilities foreman, and more. TIRAP provides companies with the resources, guidance, and support to improve and formalize their training programs, enabling employees to earn a national credential through DOL. When competing for construction contracts under BEAD and other government-funded programs, contractors who participate in a registered apprenticeship program will have a leg up. Continued on page 8 LAC CEO Cesar Ruiz told the PCCA audience that his company prepares candidates for careers in utility construction by “basically putting them through boot camp” for 4 to 5 weeks, 12 hours a day, 6 days a week.
PCCA Journal|3rd Quarter 2024 8 New Research Details Critical Broadband Construction Workforce Needs A new national study, Broadband Market Workforce Needs, found that the unprecedented injection of federal and state funding into the broadband market is a disruptive force requiring an extraordinary volume of engineering and construction activity that the market is not prepared to support and will result in broadband deployment delays. Announced by PCCA and the Fiber Broadband Association (FBA), the study was conducted by Continuum Capital, an independent consulting firm, and includes a state-by-state breakdown of broadband funding, workforce numbers, and wage rates. The study predicts that the amount of federal and state broadband funding will exceed the engineering, permitting, locating, and construction workforce capacity to absorb it, therefore causing bottlenecks. The research says that construction activity supported by federal and state funding will be pushed two to three years into the future, exposing some of this money to its expiration date and complicating construction overall. To avoid delays, the study says that 28,000 more broadband construction workers and 30,000 more broadband technician workers are needed to execute the current amount of planned federal and state broadband funding. The research predicts that an additional 119,200 construction and technician workers will be needed over the next 10 years to compensate for retirement and attrition. The study also notes that additional workforce growth will be needed for ongoing and routine broadband construction, attachment, and maintenance activities. These needs are on top of the drafting, design, and engineering resource needs that were not specifically studied but represent a bottleneck before infrastructure can be released for construction. The use of design-build and/or turnkey delivery systems will likely accelerate to compensate for these bottlenecks and delays. “This research confirms what our members have been telling us for years,” PCCA President & CEO Tim Wagner said. “In 2016, the PCCA Board identified the shortage of workers in broadband construction PCCA News Continued from page 7 Grant applications for federal funding typically use a scoring system to help evaluate applications, and most applications give points for participation in a DOL-registered apprenticeship program. Contractors enrolled in TIRAP or another similar program can help their customer win grants by earning valuable points on the sub-grantee application. For those who don’t or can’t recruit from one of our affiliated technical colleges, LAC plus TIRAP is the perfect way to tackle your workforce needs. LAC will find you pre-vetted candidates, and TIRAP will provide the training framework to guarantee their success. The recruiting and pre-apprenticeship training is free to PCCA members, and in many cases, there are tax incentives for hiring returning veterans and grant awards for placing employees in a DOL-registered apprenticeship program. To sign up as an LAC employer and access the recruiting portal, click on the QR code below. To sign up as a TIRAP employer go to www.tirap.org/employers-get-started. Mark Bridgers, Continuum Capital, presented his findings from the Broadband Market Summary Assessment to Mid-Year attendees during the Education and Workforce panel.
PCCA Journal|3rd Quarter 2024 9 as the largest obstacle our members faced, and a subsequent membership survey showed that contractors were short 10 to 17 crews per company. The tremendous influx of public money since 2016 has only exacerbated the problem. This study from Continuum Capital shines a light on the true size of the problem, and we firmly believe there is not just one solution. PCCA has implemented myriad strategies over the past decade, including partnering with technical/community colleges on utility technician programs, registered apprenticeships through TIRAP, a returning veteran program through the Learning Alliance, working with state broadband offices, and outreach through a series of social media videos. Much work remains, and our members are committed to finding solutions.” “It is certainly an exciting time for the broadband industry as approvals for federal and state funding are announced weekly. However, without the proper workforce levels, bottlenecks will choke and slow broadband deployment processes in unanticipated ways,” FBA Vice President of Research and Workforce Development Deborah Kish said. Access the study at www.pccaweb.org/BroadbandWorkforceStudy.
This document contains third-party observations, advice or experiences that do not necessarily reflect the opinions of Vermeer Corporation, its affiliates or its dealers. Testimonials and/or endorsements by customers in specific circumstances may not be representative of normal circumstances experienced by all customers. Vermeer Corporation reserves the right to make changes in engineering, design and specifications; add improvements; or discontinue manufacturing at any time without notice or obligation. Equipment shown is for illustrative purposes only and may display optional accessories or components specific to their global region. Please contact your local Vermeer dealer for more information on machine specifications. Vermeer and the Vermeer logo are trademarks of Vermeer Manufacturing Company in the U.S. and/or other countries. © 2024 Vermeer Corporation. All Rights Reserved. Hear more from DDURT at vermeer.com/ddurtconstruction. IT’S CREWS LIKE DDURT CONSTRUCTION THAT HELP KEEP US CONNECTED. The demand for high-speed internet is big, especially in rural communities. We go into communities that have either poor access or no access. We play a big role to keep people connected. — Mark Barrett | DDURT Construction
PCCA Journal|3rd Quarter 2024 11 As the remaining legislative days before Election 2024 wind down, PCCA advocacy is shifting toward a targeted set of wins and aiming to set ourselves up for the beginning of the 119th Congress in 2025. The rollout of federal infrastructure investment provided by the Infrastructure Investment and Jobs Act (IIJA, also called the Bipartisan Infrastructure Law) and the Inflation Reduction Act is under intense scrutiny in the halls of Congress and on the campaign trail. Lawmakers and candidates alike have been pressing the administration to explain the slow pace of construction, and increasingly drawing the same conclusions – most of the issues lie with the project and administrative process, and especially project permitting. This article by no means covers an exhaustive overview of our current policy priorities, including among them workforce development, support for rural broadband and forward-looking speed standards, extending critical tax credits for contractors and suppliers, and passing strong damage prevention language to drive change nationwide. But in the waning days of the 118th Congress and the Biden administration, PCCA is increasingly focused not only on achieving wins for our members this year but also setting ourselves up for success early on in 2025. At the outset of the 118th Congress, there was significant hope that a bipartisan agreement on permitting reform could be reached. Since taking office, the Biden administration has made much of their plan to modernize and expand America’s broadband and electric infrastructure and in the process, directly encountered many of the longstanding permitting issues and policies spotlighted by our industry. The administration’s response, whenever possible, has been to advocate permitting reform carveouts solely for electric transmission and other specific sectors of interest. This, of course, faced opposition from congressional Republicans and some key Democrats, who would rather make general permitting reforms and not exclude any given industry. An encouraging sign is that some general reforms were included in the IIJA. And during the debt ceiling debate, Senate Energy and Natural Resources Committee Chair Sen. Joe Manchin (then D-W. Va., now an Independent) led negotiations with congressional Republicans, resulting in a slate of reforms to the National Environmental Policy Act (NEPA) in the 2023 Fiscal Responsibility Act. Now, Manchin has partnered with his Republican counterpart on the committee, Ranking Member John BarContinued on page 12 Inside Washington Zack Perconti Co-Director of Government Affairs zperconti@pccaweb.org (703) 677-6049 Jaime Steve Co-Director of Government Affairs jsteve@pccaweb.org (202) 841-5493 Accelerating the Federal Infrastructure Rollout Through Permitting Reform
PCCA Journal|3rd Quarter 2024 12 Inside Washington Continued from page 11 rasso (R-Wyo.), to introduce major bipartisan permitting legislation that would reform permitting across the entirety of the energy and electric infrastructure sector. The Senate Energy & Natural Resources Committee approved the bipartisan Manchin-Barrasso Energy Permitting Reform Act of 2024 (S. 4753) on July 31, sending it to the full Senate for a vote before the session ends later this year. This PCCA-supported bill would take important steps to streamline and reform the federal permitting process. The reforms in this bill would put in place important guardrails and timelines on legal challenges that often delay projects indefinitely, accelerate timelines for leasing and permitting of energy projects on federal lands, and backstop approval authority for vital electric transmission projects. The bill is quite extensive, but some of the other highlights include streamlining the environmental review process for low-disturbance projects, shortening timelines before, during, and after litigation on federal authorizations for energy and minerals projects, and providing critical backstop approval to the Federal Energy Regulatory Commission (FERC) for interstate electric transmission lines that would enable large-scale renewable and electrical grid projects. While this bill would mainly affect oil and gas, renewable energy, and electric infrastructure construction projects, it does demonstrate further intentions by Congress to address permitting reform. This year, PCCA has been supporting a strong focus on reforming permitting requirements to accelerate infrastructure projects and applauds action by federal courts, including the U.S. Supreme Court, and both chambers of Congress. Looking beyond the IIJA, there is other valuable electric grid work that’s still on the horizon. Momentum is building among Republicans to preserve many of the investments and energy tax credits provided in the Inflation Reduction Act in the event a second Trump administration and a Republican Congress have the opportunity to overhaul the law. In particular, amid talk of 2025 tax code revisions, work is being done to preserve many of the critical tax credits encouraging not just renewable energy construction, but also tax credits driving innovation for hydrogen, carbon capture, and other projects. Electric vehicle funding is still in the crosshairs, but with many charging station projects funded by IIJA set to break ground over the next year, much of that funding is likely to be preserved. A growing number of House Republicans have already communicated to leadership their intention to preserve investments that have already been made and projects that have already broken ground, which is good news for contractors working in those spaces. PCCA is advocating for a full Senate vote on the ManchinBarrasso bill and supports expanding the scope of reforms to include water infrastructure, broadband, and other underground utility projects. Broadband infrastructure has been identified as another area critically in need of permitting reform. The $42.5 billion Broadband Equity, Access, and Deployment (BEAD) program, a cornerstone of the 2021 Infrastructure Investment and Jobs Act, is a critical part of the federal government’s pledge to ensure that every American has access to broadband by 2030. But at press time, the program has yet to connect a single American home. FCC Commissioner Brendan Carr has described BEAD as a “program that is going off the rails” and recently testified before the House Energy and Commerce committee that many projects won’t begin until 2025 “at the earliest, and in many cases not until 2026.” Many of the issues are with the way that the National Telecommunications and Information Agency (NTIA) has structured the program and particularly with the agency’s failure to speedily approve state broadband plans. The House Energy & Commerce Committee has already opened an investigation into the slow pace of the rollout and the NTIA’s administration of the BEAD program. But even once states receive their fundings, long timelines for permitting approval will result in further delays. Some obstacles can be fixed without the need for new legislation, either through direct executive action or a review of agency policies. In April 2024, a Government Accountability Senate Energy and Natural Resources Committee Chair Joe Manchin Senate Energy and Natural Resources Committeee Ranking Member John Barrasso (R-Wyo.) FCC Commissioner Brendan Carr
PCCA Journal|3rd Quarter 2024 13 Office report showed a consistent failure of federal agencies to review broadband project applications within the 270-day statutory timeline. And according to some industry experts, the average permitting timeline for broadband infrastructure is anywhere from 18 to 24 months. However, even if the next administration were to entirely overhaul NTIA, FCC, and other relevant federal agencies, meaningful permitting reform will require Congress to act. Fortunately, some progress is being made on that front. In late July, Senators Thune (R-S. Dak.), Barrasso (R-Wyo.), and Luján (D-N.Mex.) introduced a bipartisan bill, the Accelerating Broadband Permits Act (S. 4821), to streamline the broadband permitting process for projects on federal land. The bill would require the federal government to track broadband permit processing and approval times and identify opportunities to speed up timelines, particularly for broadband projects requiring an investment of more than $5 million and subject to National Environmental Policy Act reviews. In particular, the legislation would require federal agencies to improve their systems for tracking project applications and to notify project applicants if the agency or agencies are likely to fail to meet the existing 270-day deadline for project review. It would also require federal agencies to issue annual reports to Congress on permitting delays to identify future legislative or regulatory opportunities for further improvement. Though not as extensive as some other proposals this Congress, the Accelerating Broadband Permits Act is the first step in the process to speed up project approvals on federal land. PCCA will advocate for its inclusion in any broader permitting reform package and sees this bill as an opportunity to push for further reform. When Congress returns in September, they will find themselves with a packed legislative calendar. Much will need to be accomplished over the course of just a few weeks, not just consideration of the aforementioned permitting reform legislation, but also other must-pass bills and annual appropriations legislation. Congress must pass all twelve annual funding bills or a continuing resolution to keep the government open by September 30 and avoid a shutdown. Then they will return to the campaign trail for the month of October until after Election Day. When they return in November, PCCA Government Affairs Committee members will return to Washington to visit with agencies and key allies on Capitol Hill to advance our agenda in the closing days of the Biden administration and the 118th Congress.
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PCCA Journal|3rd Quarter 2024 15 Recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) offers best practices for employers in the construction industry to prevent and address harassment in the workplace. Given the fact that the construction industry is specifically targeted by the EEOC, it is highly recommended that PCCA members review their current policies, practices, and trainings on harassment and take steps to beef them up if necessary. The EEOC’s guidance can be found at eeoc.gov/promisingpractices-preventing-harassment-construction-industry Quick Hits • The EEOC recently released guidance for the construction industry to prevent and address workplace harassment. • The guidance is intended to help employers meet their legal obligations and remedy harassment if it takes place. • The guidance builds on its new harassment guidance issued in April 2024 for all industries. • The guidance aligns with the EEOC’s strategic enforcement priorities, which include a focus on industries where women and certain racial groups are underrepresented. On the heels of the EEOC’s April 2024 release of its “Enforcement Guidance on Harassment in the Workplace,” the EEOC released detailed guidance on preventing harassment in the construction industry on June 18, 2024. More than one-third of the charges the EEOC received between fiscal year (FY) 2019 and FY 2023 “included an allegation of harassment based on one or more of the characteristics protected under federal employment law,” such as race, color, sex, religion, or disability, the agency said in its report, “Promising Practices for Preventing Harassment in the Construction Industry.” For the construction industry, the EEOC listed these five principles as keys to preventing harassment: 1. Strong and comprehensive anti-harassment policies, 2. Leaders who are committed to maintaining a culture in which harassment is not acceptable, 3. Consistent and demonstrated accountability, 4. Trusted and accessible complaint procedures, and 5. Regular, interactive anti-harassment training tailored to the audience and the organization. The EEOC recommended that project owners “requir[e] that contract bids include a plan to prevent and address workplace harassment” and that “general contractors can include corresponding provisions in any agreements with subcontractors and staffing agencies to ensure ongoing compliance.” Construction employers may wish to review their contracts and agreements for such provisions. The agency also recommended that general contractors do the following to prevent harassment: • Provide an anonymous hotline to receive complaints from all onsite workers, • Confirm that every subcontractor has established its own complaint channel, • Conduct anonymous worker surveys on a regular basis to determine whether harassment is occurring, • Provide an anti-harassment policy written “in all languages commonly used by workers at the site,” posted in easy-tosee places, and • Require each onsite employer to notify the general contractor about any harassment complaints they receive. Human Resources Greg Guidry Ogletree Deakins Nash Smoak & Stewart greg.guidry@ogletree.com (337) 769-6583 Continued on page 16 EEOC Releases Guidance for Preventing Harassment at Construction Worksites
PCCA Journal|3rd Quarter 2024 16 Human Resources Continued from page 15 In the guidance, the EEOC identified nine elements of what constitutes a comprehensive anti-harassment policy in the construction industry. 1. A clear description of who is covered by the policy, such that people covered by the policy can understand that it prohibits certain conduct by and toward coworkers, apprentices, applicants, independent contractors, temporary workers, worksite inspectors, onsite vendors, or any other people likely to be on the worksite. 2. A clear description of prohibited conduct, with examples tailored to the work environment, such as taunting tradeswomen when they are performing a difficult or dangerous task or vandalizing the toolboxes or personal protective equipment of Black workers. Certain conduct may be more likely to constitute unlawful harassment when it occurs in high-risk environments like construction. 3. An unequivocal statement that harassment is prohibited. Anti- harassment policies do not have to be limited to characteristics explicitly covered by law, and construction employers should consider extending their policies to cover additional factors that may make a worker more vulnerable to harassment in a construction environment (e.g., apprenticeship status, undocumented status). 4. A description of complaint and reporting processes and where to find more information about them. 5. A statement that workers are encouraged to report harassment, bullying, or other inappropriate conduct, even if they are not sure that the conduct violates the policy. 6. A commitment that the employer will provide a prompt, impartial, and thorough investigation and that the employer will keep the identity of individuals who report harassment, alleged targets, witnesses, and alleged harassers confidential to the extent possible and permitted by law, to allow the employer to conduct an effective investigation. 7. A statement that workers are encouraged to respond to questions or to otherwise participate in investigations regarding alleged harassment. 8. An assurance that the employer will take immediate, reasonable, and proportionate corrective action if it determines that harassment has occurred. 9. An unequivocal statement that retaliation is prohibited Take Control of Your Costs Reduce overall project costs by performing your own ground restoration. FINN HydroSeeders® are easy to use so it takes minimal instruction to achieve maximum profit. Learn more at www.finncorp.com
PCCA Journal|3rd Quarter 2024 17 and that individuals who report harassing conduct, participate in investigations, or take any other actions protected under federal employment discrimination laws will not be penalized or retaliated against for doing so. In construction, such retaliation may include blackballing, transferring to a different worksite, or cutting hours worked of the target of harassment (and/or anyone who supported the target and their allegations). The guidance aligns with the EEOC’s “Strategic Enforcement Plan for Fiscal Years 2024-2028,” which includes an emphasis on industries where women and certain racial groups are underrepresented and an emphasis on systemic harassment. The agency identified risk factors that increase the likelihood of harassment in a construction workplace, such as having a primarily male workforce, a decentralized workplace, and pressure to conform to traditional stereotypes. “These factors may be exacerbated by the presence of multiple employers on a worksite, and the cyclical, project-based nature of construction,” the EEOC noted. According to the EEOC, women make up 11 percent of all workers in the construction industry and 4 percent of workers in the trades. The consequences of harassment can be potentially riskier in the construction industry compared to other industries. “Because construction work is potentially hazardous and often performed in teams, harassment on construction sites can endanger workers’ physical safety and increase the chance of injury,” the EEOC stated. However, safety is not the only concern. “Harassment imposes immediate costs on those who are subject to it, and harassment based on race, sex, and national origin is also a significant barrier to recruiting and retaining women and people of color in construction,” the EEOC stated. Next Steps As stated above, employers in the construction industry may want to review both the EEOC’s general guidance and construction-specific guidance and take steps to ensure that they are complying with local, state, and federal anti-harassment laws. Employers may want to review their workplace policies and practices, including their agreements and contracts with other entities while keeping a keen eye on joint and co-employment risks. Employers may also want to note differing state or local laws and state or local agency guidance that differ from Title VII of the Civil Rights Act of 1964 and other federal laws enforced by the EEOC. INSTALL CONFIDENCE CONDUX.COM 800-533-2077 PREMIER CABLE & DUCT INSTALLATION EQUIPMENT Put to work for you! Choose CONDUX True Blue For FIBER OPTIC CABLE, POWER CABLE and DUCT INSTALLATION, Condux International has the right tools and accessories to help make your next project a success.
PCCA Journal|3rd Quarter 2024 18 Sure, summers in Traverse City are gorgeous, and sure, it’s fantastic to be in the Cherry Capital of the World during peak cherry season, and of course PCCA members have a great time wherever they go. But none of those are why 260-plus PCCA members, family, and friends traveled to the northwest corner of Michigan for the 2024 PCCA Mid-Year Meeting in July. They come for the content that matters so much to their businesses: workforce development, market outlooks for broadband and power construction, the status of federal funding, and engaging with colleagues from throughout the industry who share many of the same challenges. And don’t forget the magic. That’s right, we had a magician! But keynote speaker Ben Whiting was so much more than that. He delighted the PCCA audience with amazing tricks (then told us how he did them) and then used magic and mind-reading as metaphors to teach us about communicating better, connecting with people, and creating a positive mindset. He encouraged the audience to look for things that make them laugh, that inspire them, and that give them reasons to like people: “The things we look for in life are the things that we find.” The topic of the next session was equally mysterious: economics! But in the hands of Mark Bridgers, Continuum Capital, and Dan Shumate, FMI, economic issues are made understandable and relevant to the work of PCCA members. They discussed plenty of encouraging signs for power and broadband construction but noted several challenges ahead. Bridgers talked about the unprecedented volatility in the U.S. and how it opens opportunities for PCCA members. He suggested that they embrace innovation, work to differentiate themselves from competitors, invest in training, diversify, and integrate artificial intelligence, machine learning, and robotics into their operations. PCCA members spent that afternoon sailing on picturesque Grand Traverse Bay aboard the Tall Ship Manitou, a replica of an 1800s cargo schooner, and touring the first-class wineries on the Old Mission Peninsula. Other members were spotted around Traverse City enjoying homemade cherry ice cream, fresh baked cherry pie, cherry chicken salad, empanadas with PCCA Mid-Year Provides a Big Program with a Cherry on Top
PCCA Journal|3rd Quarter 2024 19 cherry compote, sour cherry glazed ribs.....you get the idea! The next morning, it was back to business with the Education Issues Panel followed by the Government & Industry Issues Panel. At the Education session, PCCA President & CEO Tim Wagner detailed the association’s “all-of-the-above” workforce development efforts, including utility technician programs at tech schools and community colleges, registered apprenticeship, recruiting videos, a Careers page on the website (www.pccaweb.org/careers), research on needs and wages, and working with the state broadband offices and other industry groups. “I think what’s important to note is that there is not one solution to our workforce needs,” Wagner said. “There are many, many solutions, and we need to try everything that’s out there. Because this is the biggest issue our members have—it’s not the training that we need; it’s the people. So, the more of these things that we use, the more places we can try and get folks to come out and work for us.” Wagner next introduced Mark Bridgers, Continuum Capital, to discuss the workforce study he completed for PCCA and the Fiber Broadband Association. The national study, Broadband Market Workforce Needs, found that the unprecedented injection of federal and state funding into the broadband market is a disruptive force requiring an extraordinary volume of engineering and construction activity that the market is not prepared to support and will result in broadband deployment delays. The study includes a state-by-state breakdown of broadband funding, workforce numbers, and wage rates. It can be found at www.pccaweb.org/BroadbandWorkforceStudy. “We went into the study with the hypothesis that this additional, or special, funding was going to be like a rising tide and would raise all boats, meaning that all broadband entities would get access to some portion of it,” he said. “It would be equally dispersed within the state, within the regions, within the country, and so forth. Based on this research, we concluded that it’s not going to happen. What is going to occur is that this money will be accrued by the organizations that are the most aggressive in the pursuit of it.” Wagner and Bridgers next discussed PCCA’s new initiative with the Learning Alliance Corporation (LAC) with LAC CEO Cesar Ruiz, whose company recruits and trains workers for the industry, focusing particularly on veterans and minorities. He explained how he prepares candidates for careers in utility construction: “How can we get you a veteran that’s transitioning out that might have gone in when he or she was 18, coming out in 22, 23 after one term? How do we teach them about the careers in telecom, and then how do we bridge them so that you receive them? We house them, we feed them, we basically put them in boot camp. It’s 4 to 5 weeks. It’s 12 hours a day, six days a week. It’s rigorous. It’s tough. But the result is an individual that’s willing and able to work in your industry, which is 99 percent of the impediments that most of you are experiencing.” The Government & Industry Issues Panel, moderated by John Fluharty of Troy Construction, focused on topics that greatly impact association members. Ben Brubeck, from the Associated Builders & Contractors, discussed harsh labor policies foisted on American businesses by the Biden administration: “We’ve never seen an administration that has been so pro-labor. They leave pro-union provisions in just about everything, whether it’s grants or direct federal procurement policy, or just overhauling the entire workforce development system.” PCCA’s Tim Wagner then detailed the progress, or lack thereof, on the Broadband Equity, Access, and Deployment (BEAD) program, which was approved as part of the massive federal infrastructure law in November 2021. Some 33 months later, the program has not connected a single person, family, or business to the internet, and as FCC Commissioner Brendan Carr said, “Biden administration officials say that it won’t be until 2025 that a single shovel worth of dirt will be turned.” Wagner contrasted the BEAD program with the Rural Electric Administration, which electrified much of rural America in the 1930s and ‘40s. He said that in the four years after World War II, the number of electric systems in operation in the U.S. doubled, the number of consumers connected more than tripled, and the miles of energized lines grew more than fivefold. He explained how the bureaucracy and political goals that the White House has injected into the process have impeded the program. “In 1937, this country wanted to build infrastructure,” he said. “That’s what that law was about. And I thought the BEAD program was going to be very similar. But right now, unless something changes, we’re not going to see any movement until 2026. And even then, there are going to be a lot of stipulations put on how this money is spent that have nothing to do with building infrastructure.” After the panel sessions, some members hit the beautiful Spruce Run course for the PCCA Golf Tournament, while others shopped in downtown Traverse City. Then they all reconvened for a fabulous Farewell Party, where they kicked up their heels and closed out another fun-filled and productive PCCA meeting.
PCCA Journal|3rd Quarter 2024 20 Images of Mid-Year 2024 Keynote speaker Ben Whiting recruited audience members for his magic tricks, including Stephan Fluharty, Mears Group, and Kendra Geiger, Badger Infrastructure Solutions. The fascinating tricks led to important messages about better communicating and connecting with people.
PCCA Journal|3rd Quarter 2024 21 A big crowd turned out of the Chairman’s Welcome Reception to kick off PCCA’s 2024 Mid-Year Meeting. PCCA Chairman Matt Gabrielse, Gabe’s Construction Co., welcomes members to the 2024 Mid-Year Meeting at the Grand Traverse Resort and Spa, which was also where Matt attended his first PCCA Mid-Year in 2008.
PCCA Journal|3rd Quarter 2024 22 During the Economic Issues Panel, Mark Bridgers, Continuum Capital, talks about the unprecedented VUCA (volatility, uncertainty, complexity, and ambiguity) in the U.S. and how PCCA members can best take advantage of it. Mackenzie Stephans, Tjader & Highstrom, hangs out with her parents, John & Coquette Fluharty, Troy Construction, at the Chairman’s Welcome Dinner.
PCCA Journal|3rd Quarter 2024 23 During the Education Issues Panel, Learning Alliance Corporation CEO Cesar Ruiz discusses how his company is expanding to meet an anticipated need by PCCA members for thousands of job openings. Ben Brubeck, Vice President of Regulatory, Labor and State Affairs at the Associated Builders and Contractors, shares a laugh during the Government & Industry Issues Panel, but his message about Biden administration’s one-sided labor policies was no joke. Dan Shumate, FMI. tells the Economic Issues audience that spending is up for power transmission and distribution, but “the picture is a little more murky” on the communications side. PCCA President & CEO Tim Wagner shows attendees at the Government & Industry Issues session some of the mountains of bureaucratic roadblocks that are hindering broadband deployment.
PCCA Journal|3rd Quarter 2024 24 Dan Shumate, FMI, and Mark Bridgers, Continuum Capital, discuss the markets where PCCA members work and explain complex economic issues in an understandable and relevant way. PCCA President & CEO Tim Wagner welcomes members to the Economic Issues Panel in the Mid-Year’s first full day. 6 PCCA Treasurer Chase Lapcinski, Push, Inc., discusses workforce development strategies during the Board of Directors meeting. Left, above & below: “Great magic is always about connection.” Keynote speaker Ben Whiting magic tricks were fascinating, even after he explained how he did them, and his connection with the PCCA audience was extraordinary. “O say can you see...” Johnny Ricks and Zack Funk, both from Badger Infrastructure Solutions, at the Opening General Session. Directors Nick Anderson, Anderson Underground, and Andy Christine, Sellenriek Construction, at the Board of Directors meeting.
PCCA Journal|3rd Quarter 2024 25 Jason & Heather Phillips, DCOMM, Inc., and Brad & Cheri Baumann, Sellenriek Construction, at the Chairman’s Welcome Reception. Talking business at the Welcome Dinner are Rob Troxel, premier Truck Rental, Past Chair Kevin Mason, ElectriCom, and Andy Patron, HELPS Consulting. Taylor & Megan Dacus, Troy Construction, chat with Steve Sellenriek, Sellenriek Construction, and Ryan Steinbecker, Altec Industries. Jake Jeffords, Vermeer Corporation, and Jason Batsunas, Vermeer Midwest, enjoy the Opening Dinner. Mark & Kathy Temple, AIS Construction Equipment, have a good time on the first night of the Mid-Year. Ron Hall, BRON, and Mark Gallucci, Digital Control, Inc., catch up during the Chairman’s Welcome Reception.
PCCA Journal|3rd Quarter 2024 26 Above & below: Breakfasts at PCCA meetings are an ideal time to meet fellow association members and discuss shared business challenges. Or just to brag on your football team! Learning Alliance Corporation CEO Cesar Ruiz explains that his company’s goal is to prepare graduates for success in the telecommunications industry by arming them with the proper life tools. PCCA Foundation Board member Tony Briggs, Vermeer Corporation, and Jerrod Henschel, Mears Group, discuss broadband construction between sessions. John Warner, Vitruvi Software, and Todd Gunther, K & W Underground, talk a little business over eggs. During the Education Issues Panel, Mark Bridgers, Continuum Capital, details the new national study, Broadband Market Workforce Needs, that his company completed for PCCA and the Fiber Broadband Association. Jerry Beyer and Jake Jeffords, both from Vermeer Corporation, discuss the industry’s worker shortage with LAC’s Cesar Ruiz following his presentation at the Education Issues session.
PCCA Journal|3rd Quarter 2024 27 PCCA’s issue panel sessions have proven to be very popular with the membership. Veteran contractor Rex Schick, Fiber Conduit Solutions, has a lot to say about the slow rollout of the Biden administration’s BEAD program. Somebody tell Board member Billy Vincent, ElectriCom, to cheer up! The Government & Industry Issues Panel, moderated by John Fluharty of Troy Construction (center), delved into topics that greatly impact PCCA members. Tate Johnson, MYR Group, weighs in during the discussion of broadband construction funding. Cynthia Haddock, River City Construction, and Danielle Ropp, SFS Tools & Safety, discuss jobsite safety during a break in the sessions. Following the discussion of broadband funding, Government & Industry Issues panel moderator John Fluharty, Troy Construction, says, “Don’t put all your eggs in the BEAD basket.”
PCCA Journal|3rd Quarter 2024 28 Happy PCCA crew aboard the Tall Ship Manitou out on beautiful Grand Traverse Bay. PCCA Chairman Matt Gabrielse, Gabe's Construction, with his wife, Karen, and his parents, Tim & Kris. Lots of hands up during the Old Mission Wineries tour—they must have asked “Who needs another glass of wine?” Koen Berry, Berry-It, lobs a pitching wedge toward the cup. Enjoying the Spruce Run course during the PCCA Golf Tournament are Cameron Crane, EPIC Insurance; Bruce Tucker, Atkore; Glen Amerine, Amerine Utilities Construction; and Todd Gunther, K & W Underground. John Warner, Vitruvi Software, lets one fly from the tee.
PCCA Journal|3rd Quarter 2024 29 At the Farewell Dinner, PCCA Chairman Matt Gabrielse, Gabe’s Construction, recaps an outstanding Mid-Year and says he looks forward to seeing everyone in Scottsdale next March. Roxanne Sellenriek finds a perfect spot for a photo-op with Ryan Steinbecker, Altec Industries, her children Paige & Cooper, and Craig Amerine, Amerine Utilities Construction. Terrie Myers takes a break from the dance floor to hang out with her husband, PCCA Past Chairman Todd Myers, Kenneth G. Myers Construction. All smiles from Tyler & Cindy Muse. Some guys—like PCCA 1st Vice Chairman Craig Amerine, Amerine Utilities Construction; Jeff Seidl, Elexco, Inc.; and Eric Farst, Rep Com International—are always talking business! All the Wozniaks are enjoying the Farewell Dinner: Alise, Emmy, and PCCA Board member Chris, Wozniak Construction. Joe & Kelly Francaviglia, MacLean Network Solutions, enjoy a delightful Traverse City evening. Fluhartys fill the dance floor!
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PCCA Journal|3rd Quarter 2024 33 POWER NEWS Energy Permitting Reform Gains Bipartisan Momentum in Senate The Energy Permitting Reform Act of 2024 (S.4753), legislation introduced by Senators John Barrasso (R-Wyo.) and Joe Manchin (I-W.Va.), passed the Senate Energy and Natural Resources Committee on July 31 with a bipartisan vote of 15-4. The signaling of support across the aisle in the committee adds to the growing acknowledgment that our permitting system is failing the American people. However, S.4753 could transform how federal construction projects are approached. Judicial Review: This bill shortens timelines before, during, and after litigation on all federal authorizations for energy and mineral projects without changing any existing rights to seek judicial review. The bill would establish a 150day statute of limitations from the date of the final agency action on a project, require courts to expedite the review of legal challenges, and set a 180-day deadline for federal agencies to act on remanded authorizations. Onshore Energy and Minerals: The bill would accelerate leasing and permitting decisions for all energy projects on federal lands without bypassing environmental and land-use laws. Specifically, the bill would: • Ensure lease sales include oil and gas acreage that has actually been nominated. • Set deadlines and doubles production targets for renewable energy permitting on federal lands. • Eliminate duplicative permit requirements for oil and gas production on non-federal surface land. • Streamline environmental reviews for low-disturbance renewable, electric grid, and storage projects. Offshore Energy: The bill would require the Interior Secretary to hold at least one offshore wind lease sale and one offshore oil and gas lease sale per year from 2025 through 2029, subject to minimum acreage requirements, without bypassing environmental reviews. Without these provisions, there will be several years through 2029 where both offshore wind and offshore oil and gas leasing will not take place under current law. Electric Transmission: The bill would reform existing backstop siting authority for interstate electric transmission lines and require interregional transmission planning. These provisions would provide two pathways for transmission development that include clear standards for cost allocation among customers that benefit from a project: 1. An interregional planning requirement that ensures regions jointly address needs, and 2. A process that allows individual applicants to propose national-interest projects. Electric Reliability: This bill would require the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) to assess future federal regulations affecting power plants and offer formal comments to federal agencies about any effects on electric reliability. “The United States of America is blessed with abundant natural resources that have powered our nation to greatness and allow us to help our friends and allies around the world. Unfortunately, today our outdated permitting system is stifling our economic growth, geopolitical strength, and ability to reduce emissions,” Manchin said. “The Energy Permitting Reform Act will advance American energy once again to bring down prices, create domestic jobs, and allow us to continue in our role as a global energy leader. The time to act on it is now.” White House Appoints Three FERC Commissioners The Federal Energy Regulatory Commission (FERC) has been operating short-staffed, with only three of the five commissioner spots filled. But with the appointment of three new commissioners, FERC will once again have all seats filled with the introduction of Judy Chang, David Rosner, and Lindsay See. Chang has previously served as the Undersecretary of Energy for the Commonwealth of Massachusetts, where she focused on clean energy and grid modernization initiatives. Her expertise will be instrumental in guiding FERC’s efforts toward sustainable energy solutions and addressing the challenges of integrating renewable energy sources into the grid. Before joining FERC, Rosner was a partner at a prominent law firm, specializing in energy and environmental Continued on page 34
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